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Home My WebLink About2008-04-18 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES APRIL 18, 2008 The Planning Commission met in regular session at 9:17 a.m. at the Waikoloa Beach Marriott - Hotel, Alii I, 69275 Waikoloa Beach Drive, Waikoloa, Hawaii, with Chairman Rodney Watanabe presiding. PRESENT: C. Kimo Alameda ABSENT & EXCUSED: Shelly Ogata Lani Bowman Alvin Rho Takashi Domingo Andrew Iwashita Rene’ Siracusa Rodney Watanabe Rell Woodward Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner The Chair introduced the Commissioners and staff. REZ 866 & SMA 379 The Commission took up the following three items simultaneously KOHALA LLC at 9:18 a.m. with 4 people from the public in attendance. PLANNING DIRECTOR ST KAHUA 1, NORTH KOHALA APPLICANT: KOHALA LLC (REZ 866) Continued hearing on an amendment to Condition C (time to secure final subdivision approval) of Change of Zone Ordinance No. 97-102, which rezoned 37.88 acres of land from an Agricultural 5-acre (A-5a) to a Single-Family Residential 15,000-square foot (RS-15) district. The property involved is located along the southwest (makai) side of Akoni Pule Highway and st the Kohala Ranch Subdivision, Kahua 1, North Kohala, Hawaii, TMK: 5-9-1:8. APPLICANT: KOHALA LLC (SMA 379) Continued hearing on an amendment to Condition 4 (time to secure final subdivision approval) of Special Management Area Use Permit No. 379, which allowed the development of a 50-lot single-family residential subdivision. The property involved is located along the southwest st (makai) side of Akoni Pule Highway and the Kohala Ranch Subdivision, Kahua 1, North Kohala, Hawaii, TMK: 5-9-1:8 1 INITIATOR: PLANNING DIRECTOR Amendment to Planning Commission Rule 9 (Special Management Area) by including requirements to mitigate the adverse impacts of light pollution in coastal areas and artificial lights on the shoreline and ocean waters by prohibiting the positioning of artificial lights in a manner causing direct illumination of the shoreline and ocean waters. This amendment is mandated by Act 224, Session Law of Hawaii 2005. (SEE EXHIBIT A) AMEND PLANNING The Commission took this item up at 11:30 a.m. with 4 people COMMISSION RULE 9 from the public in attendance. PLANNING DIRECTOR SPECIAL MANAGEMENT AREA LIGHT POLLUTION INITIATOR: PLANNING DIRECTOR Amendment to Planning Commission Rule 9 (Special Management Area) by including requirements to mitigate the adverse impacts of light pollution in coastal areas and artificial lights on the shoreline and ocean waters by prohibiting the positioning of artificial lights in a manner causing direct illumination of the shoreline and ocean waters. This amendment is mandated by Act 224, Session Law of Hawaii 2005. Mr. Darrow briefly described the proposed amendment, noting the Legislature found light pollution can be disruptive to avian and marine life. In response to Commissioner Siracusa’s question about the applicability of the amendment to the existing lighting on the grounds of the hotels along the coast, Mr. Hayashi said that hotels are exempt as long as they meet with certain criteria, and made reference to Act 224, which states, “Subsection (a) shall not apply to special management area use permits for structures with: 1) an outdoor lighting fixture that is located on the grounds of a hotel/hotel-condo, provided that (A) the outdoor lighting fixture is located underwater or is directed downward and illuminates a limited area of no more than thirty feet into the shoreline and ocean waters; or (B) the outdoor lighting fixture is the only practicable means of ensuring the safety and security of guests, visitors, and employees; and 2) Artificial lighting provided by a government agency or its authorized users for government operations ….” Commissioner Woodward commented that the proposal is a great idea, and that he can’t imagine anybody would oppose it. He mentioned that the biggest impact of light pollution in coastal areas is on turtle hatchlings as they get attracted to high beams instead of moon beams and would be headed inland and perish. He also referred to the episode of a shearwater killed by flying into a light pole in Pahoa, which Commissioner Siracusa mentioned at the last meeting. He added that even though the amendment exempts hotels, the County can proactively work with them by promoting low intensity red fluorescent lights, which can be pointed down toward the ground as well to minimize the adverse impacts. There was no one from the public wishing to testify on this agenda item. 2 It was moved by Commissioner Woodward and seconded by Commissioner Siracusa that the amendment be approved as proposed by the Planning Director. A roll call vote was taken and motion carried with seven ayes (Woodward, Siracusa, Alameda, Bowman, Domingo, Iwashita and Watanabe) and two absent and excused (Ogata and Rho). REVIEW OF The Commission took this item up at 11:40 a.m. with 3 people SMA 417 & SPP 1117 from the public in attendance. PLANNING DIRECTOR HANAULA AND HONOPUEO, NORTH KOHALA INITIATOR: PLANNING DIRECTOR (SMA NO. 417/SPECIAL PERMIT NO. 1117) Review of Special Management Area Use Permit No. 417 and Special Permit No. 1117 issued to Robert Watkins and Jean Sunderland for compliance with the conditions of approval of the permits and information of enforcement actions taken by the Planning Department. The permits allowed the establishment of a 16-room Hawaiian Permaculture and Wellness Retreat on approximately 5 acres of land situated within the Special Management Area and the State Land Use Agricultural District. The property is located approximately one mile makai of the Akoni Pule Highway (Highway 270) and Kamehameha Park, Hanaula and Honopueo, North Kohala, Hawaii TMK: 5-4-9:14 (formerly 5-4-9: portion of 1). (SEE EXHIBIT B) MINUTES The Commission took up the following minutes at this time, 12:45 p.m., with no one from the public in attendance: March 20, 2008 – It was moved by Commissioner Siracusa and seconded by Commissioner Woodward that the minutes be approved. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE The Commission took this item up at 12:48 p.m. with no one from MATTERS the public in attendance. Status of appeals filed on Planning Commission decisions – Corporation Counsel – Mr. Torigoe reported that, concerning the Daniel Ibbetson (SPP 05-000015) appeal, a stipulation for dismissal of the intervenor’s appeal is being circulated and signed; so it is expected that the appeal will be dismissed. He added that Dean Kaiawe, the intervenor, is content to rely on the Circuit Court’s declaratory ruling that will determine the fate of the Special Permit the Commission granted. Commissioner Siracusa at this time informed the Commission that according to today’s newspaper Bill 265 passed the County Council, which is the Planning Director initiated amendment to Chapter 25 (Zoning Code) to allow the Planning Department to assess a fine during the appeal process and impose the accrued fine if the violator loses the appeal. ANNOUNCEMENTS Mr. Hayashi announced that the Commission will hold two th separate meetings on May 8: first one in the Aupuni Center Conference Room starting at 10:00 a.m. and second one, which is for review of the Puna Community Development Plan, in the Cafetorium of the Keaau Middle School starting at 6:00 p.m. 3 ADJOURNMENT There being no further business, the Chair declared the meeting adjourned at 12:50 p.m. Respectfully submitted, Noriko Sauer West Hawaii Secretary A T T E S T: Rodney Watanabe, Chairman Planning Commission 4